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Employee time theft and time card fraud - MUST READ

Posted by Barry Rubin on 2/22/2016 to Tips and Resources
The case of the 12,480 hour unapproved PTO.

An employee of local utilities took 12,480 hours, that’s six years of unapproved PTO before his bosses finally discovered he was nowhere to be found.

For six years, that’s 156 Biweekly pay periods, Joaquin Garcia collected a paycheck for his job as a construction supervisor of a wastewater treatment plant. Mr. Garcia’s salary for the 6 years totaled $252,000.

Wage theft is a growing problem, so much so that in the United States the Fair Labor Standards Act (FLSA) requires employers to keep comprehensive records regarding the hours worked for all employees. Many states require that employers also provide each worker with a time card or other verification each pay period detailing that worker's hours, wages and deductions. Typically it’s the employer who is the defendant when these violations are litigated, not so here and Mr. Garcia had a monetary judgment against entered for total of $30,000, which is approximately $230, 000 less than he was paid over the six years, and the most the utility could reclaim under the law.

How the Affordable Care Act is Impacting Nursing Homes

Posted by Barry Rubin on 2/15/2016 to Tips and Resources
Nursing facilities feeling a bit under the weather

The Affordable Care Act, which was signed into law by President Barack Obama on 23rd March, 2010 was designed to assure working people without health insurance, as well as those as those with pre-existing conditions have access to affordable health care coverage. The intent of the ACA was also to help small businesses get affordable health insurance for their employees. Like any new legislation, while certain elements within the ACA are very popular, there is confusion and concern that over regulation will be injurious to business, especially when sections of the law are industry specific.

No industry is more directly affected by the ACA than healthcare itself, nursing homes and skilled nursing facilities are feeling a particular pressure for compliance

Per Section 6160 of the Affordable Care Act (ACA), it is compulsory for all nursing homes to submit the staffing, agency, and contract staff information through an electronic filing system such as an electronic time clock or workforce asset management.

Progressive Business Publications dock employee pay for bathroom breaks...A whole new meaning to the term Revenue Stream

Posted by Barry Rubin on 6/4/2014 to Tips and Resources
"For far too long, American Future Systems penalized its employees for taking breaks to meet the most basic needs…The judge's decision reaffirms how clear the FLSA is about short breaks being compensable.” during the work day — stretching their legs, getting a glass of water or just using the restroom," said Jim Cain, district director for the department's Wage and Hour Division.

The Wage and Hour Division advised the company that the practice violated the law, but the employer failed to comply. The court found the company also violated FLSA recordkeeping requirements, a common problem that any SaaS based or On Premise Time Clock System would have solved. 
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